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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period extended to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this nation, human rights are also rights of women – that permission is personal, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured personally and not via a representative from a spouse.”

Background

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting numerous individuals to rape her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was initially handed a term to nine years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly testify at the retrial, told the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The jury in the higher court was displayed visual proof of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a smiling Dogan committed rape on several occasions over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters gathered to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is possibly in the midst of that, possibly driven by the public consciousness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie addressed the defendant: “While you reject it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by police for drug trafficking and his father evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had told a evaluator that annually he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition caused by the stress of the initial proceedings.